Up to 80,000 people in Australia could be impacted by the Albanese government’s proposed legislation granting sweeping powers to deport non-citizens to Nauru, according to refugee lawyers. This controversial move, revealed last Wednesday, is anticipated to pass through parliament with the Coalition’s support during a scheduled snap two-hour committee hearing on Wednesday night.
The proposed home affairs bill aims to strip basic legal protections from non-citizens on a deportation pathway and retroactively validate all government visa decisions made before the high court’s NZYQ ruling in November 2023, which may now be deemed unlawful.
Implications of the Proposed Legislation
The announcement comes as Home Affairs Minister Tony Burke finalized a $400 million agreement with Nauru to relocate hundreds of non-citizens to the small Pacific nation. However, the specifics of this arrangement remain undisclosed, raising further concerns among legal experts and advocacy groups.
David Manne, Executive Director of Refugee Legal, criticized the bill’s extensive scope, describing it as an “extreme overreach” and akin to using a “sledgehammer to a walnut.” Manne emphasized that the legislation undermines fundamental protections under Australian law, international obligations, and core values such as humanity and justice.
“It strikes at the heart of fundamental protections under Australian law, our international obligations, and the values which underpin them: humanity, compassion, fairness, and justice,” said David Manne.
Legal and Political Reactions
The Law Council of Australia has also expressed concerns regarding the bill’s scrutiny level before its expected passage and its potential retrospective application, which may conflict with the rule of law. Juliana Warner, President of the Law Council, highlighted the lack of public consultation, stating that the bill was introduced to parliament without prior discussions with stakeholders.
In November 2024, the Labor government passed three bills enabling Australia to engage in financial agreements with third countries to deport non-citizens without valid visas. The current legislation seeks to expedite this process by removing the right to natural justice, defined as a fair hearing and unbiased decision-making.
The NZYQ group comprises approximately 280 non-citizens whose visas were revoked on character grounds, leading to their release from indefinite detention in November 2023 following a high court decision. Legal experts caution that the new rules could be applied broadly, affecting thousands of non-citizens without valid visas within Australia.
Broader Impacts and Concerns
According to home affairs department officials, over 75,000 individuals were without valid visas as of last November, with an additional 4,500 on bridging visa E. Those in community and immigration detention number over 1,000, forming a smaller group.
Greens Senator David Shoebridge criticized the proposal, suggesting that the Albanese government is either “unaware or uncaring” of the potential to undermine the legal system. Shoebridge accused Minister Burke of avoiding oversight and engaging in divisive rhetoric against migrants.
“The government desperately wants to avoid oversight because these changes are just so toxic,” said David Shoebridge. “Minister Burke is running around doing his Peter Dutton impression, dog-whistling and punching down on migrants.”
Minister Burke dismissed Shoebridge’s remarks as “melodramatic or just plain wrong,” defending the policy as consistent with existing practices of deporting individuals whose visas are canceled.
Human Rights and Legal Safeguards
Josephine Langbien, Associate Legal Director at the Human Rights Law Centre, warned that the bill could strip an “essentially unlimited number of migrants and refugees of fundamental legal rights and safeguards.” Langbien stressed the importance of fair hearings, especially in life-and-death decisions.
“The government is simply asking us to trust their judgment about how these powers will be used. But it is critical that all people have a fair chance to be heard, particularly in decisions about matters of life and death,” said Josephine Langbien.
Jana Favero, Deputy Chief Executive of the Asylum Seeker Resource Centre, accused the government of misleading the public about the bill’s reach and its potential to prevent appeals and be modified without parliamentary approval.
“By removing the most basic legal protections from these decisions, Labor is setting Australia on a dangerous and slippery slope,” said Jana Favero.
Next Steps and Future Implications
On Tuesday, teal and Greens MPs voiced opposition to the bill, noting they received only a brief 10-minute briefing on the proposed changes. The high court is expected to rule on Wednesday on the legality of the government’s decision to cancel protection visas for one of the men in the NZYQ cohort.
The Immigration Advice and Rights Centre’s Joshua Strutt warned that the proposed changes set a “dangerous precedent” that should concern all Australians. Meanwhile, Burke announced in February that Nauru had agreed to offer 30-year resettlement visas for three men within the NZYQ cohort, prompting their deportation. However, these individuals remain in Australia, having filed multiple appeals against their removal.
As the debate continues, the ramifications of this legislation could significantly alter Australia’s immigration landscape, raising questions about the balance between national security and human rights.
